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HomeMy WebLinkAbout2006/05/24 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting May 24, 2006 Chairman Stewart called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:02 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Stewart then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Rich Macias, Lou Munoz, Cristine McPhail, Pam Stewart ABSENT: None STAFF PRESENT: Dan Coleman,Acting City Planner; Michael Diaz,Senior Planner;Jerry Dyer, Senior Civil Engineer; Kevin Ennis, Assistant City Attorney; Lois Schrader, Planning Commission Secretary ANNOUNCEMENTS ' No announcements were made at this time. APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Macias, carried 5-0, to approve the minutes of May 10, 2006. DIRECTOR'S REPORTS A. ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/07 Jerry Dyer, Senior Civil Engineer presented the staff report. Commissioner Munoz asked if the land acquisition noted in Number 10 under the Parks heading on page A-7 of the agenda packet refers to park land being set aside and if the City intends to purchase land for a park. Mr. Dyer stated the funds are being set aside until the specific property is selected for a park and then the City will purchase the land for that purpose using these designated funds. Kevin Ennis, Assistant City Attorney, noted the Commission is to receive and file the report as well as find the program consistent with the General Plan. • Motion: Moved by McPhail, seconded by Munoz, to receive and file the report and to find the program consistent with the General Plan. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, McPHAIL, STEWART ABSENT: NONE ABSENT: NONE - carried B. PROGRESS REPORT ON MARGARITA BEACH (CONDITIONAL USE PERMIT 88-45 & ENTERTAINMENT PERMIT 91-03) Mike Diaz, Senior Planner, presented the progress report. He noted there were no calls from the public during the last 3 months with the exception of calls received in response to the staff report. He said two questions have arisen regarding the Entertainment Permit specifically related to "Pay per View" presentations of sporting events and the use of a Disc Jockey. He said that the TV presentations do not violate the Entertainment Permit Ordinance because they do not involve"live acts"as defined in the ordinance. He said Mr. Ennis would comment on the question regarding the Disc Jockey. He remarked that with the exception of the placement of required street signs, staff is satisfied with the completion and progress made by the business owner to comply with the conditions stipulated by the City Council. He reported that the next review would be in August. Chairman Stewart asked if the signage was being coordinated with the Engineering Department. Mr. Diaz confirmed that it is; they are determining placement and fees at this time. Commissioner Fletcher asked if a cover charge was imposed for the"Pay per View"event and if so, does that create any conflict with the parameters of the Entertainment Permit. Mr. Diaz said a cover charge was imposed but because it is not specifically addressed in the ordinance, it was not considered significant. Kevin Ennis, Assistant City Attorney stated it does not create a conflict. Jerry Dyer, Senior Civil Engineer reported that the current sign on Estacia Court will be replaced with a newer design. Mr. Ennis commented that in regard to the disc jockey, that this is within the scope of the Entertainment Permit in that dancing is specifically permitted and music is in connection with that, then music whether live or recorded, would be acceptable because dancing is ancillary to that. Mark Davidson, 9950 Foothill Boulevard, Suite S, stated he is the owner of Margarita Beach and that he did not have any comment, but is available for questions. Victoria Sanchez, 9869 Estacia Court, asked if a broadcast by the radio station of the disc jockey presentation made any difference or if that was allowed by the Entertainment Permit. Mr. Ennis commented that whether the performance of the disc jockey is broadcast or not, it is his opinion that the use of a disc jockey is permitted and is not outside the scope of the permit. Ed Sanchez, 9869 Estacia Court remarked that at the City Council meeting in February, it was Mr. Markman's opinion that the only entertainment allowed was a small band or individual musicians. He noted Mr. Markman is the lead attorney for the City and it was his decision. He asked if of Mr. Markman, because he thought the decision Mr. Ennis had made his decision independent o 9 was clear. He also pointed out that the fliers (Exhibits A and B) used for advertising do not indicate Planning Commission Minutes -2- May 24, 2006 the business as a restaurant. He commented that they all reflect special drink prices. He said this business is still not becoming a restaurant which is what the focus should be. Peggy Sanchez, 9869 Estacia Court, asked if staff or police visited the site and checked the inside of the business to inspect for compliance during their business hours. Mark Davidson, 9950 Foothill Boulevard, Suite S, reported that he had spoken with Mr. Coleman, Mr. Diaz and the Police, and no complaints have been received. He said he has fully complied with the conditions. He reported that prior to this action, 400 calls had been received and now is zero. He said the restaurant is open for food service until 1:00 a.m. He said it was his offer to spend $20,000 in improvements to promote food service and that was not required of him. He said he has spent$200,000 defending his case. He reported that the remaining conditions will be completed in 30-60 days. Dan Coleman, Acting City Planner, said that everyone is to be reminded that the City Council deleted the condition requiring a greater percentage of gross sales of the business being from the sale of food. He said condition#23 was kept that stipulates a full menu be offered during business hours. He said in regard to the advertising fliers, several do state that all menu items are available during business hours and that no conditions were made limiting the form or content of their advertising. He commented that menus are also prominently displayed on the tables. He reported that staff did visit the business to verify that the bathroom improvements were done and he was aware that the police are performing regular checks. Mr. Ennis said that he spoke to Mr. Markman in regard to the disc jockey and that he concurred that since the permit allows dancing, music, either live or recorded, is related to that and that there is no condition in the permit prohibiting that and therefore would be in the scope of the permit. Commissioner Fletcher remarked that Mr. Davidson has put much effort into changing the operation of the business and has addressed a long list of conditions. He said he has complied with most of them. He commented that whether it is a true restaurant or not,the directive from the City Council is that the current use is acceptable. Commissioner Fletcher said he thinks Mr. Davidson is in full compliance. Motion: Moved by McPhail, seconded by Fletcher, to receive and file the report. Staff will bring another progress report to the Commission in August. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, McPHAIL, STEWART NOES: NONE ABSENT: NONE -carried PUBLIC COMMENTS No additional comments were made • • ••• COMMISSION BUSINESS C. DISCUSSION REGARDING COMMITTEE MEETING DATES Dan Coleman, Acting City Planner, reported that the Commissioners submitted their summer schedules and he is happy to report that all the Planning Commission meetings and Design Review Committee meetings will have a quorum. He noted the Design Review Committee meeting scheduled for July 4 is re-scheduled for July 11 in the Rains Room. • Planning Commission Minutes -3- May 24, 2006 Commissioner Fletcher commented that an issue arose at a Trails meeting wherein a property owner was asked to change his 4 lot subdivision to only 3 lots because the"70-foot rule"within the equestrian overlay area could not be satisfied. He said he felt this was unfair to the property owner and asked staff if the issue could be addressed either by amendment to the Development Code or some other way, perhaps as a Variance so that the property owners could have the flexibility to build a corral and adjoining property owners could have a 2nd dwelling unit if they choose to. He'said currently, there are encroachment issues. Mr. Coleman reported that as a result of that meeting, staff and the City Attorney's office reviewed the provisions of the ordinance containing the"70-foot rule"and determined that if someone builds a horse corral on their property and the adjacent property owner chooses to build a 2nd dwelling unit within the 70 feet, then he has every right to do so. He said this interpretation would overcome many of the conflicts they had with this unusual property. He added that in the event one property owner already had constructed a 2nd dwelling unit and then the adjacent owner wanted a corral,the Variance process could be used in that event. Commissioner Fletcher commented that it could be handled as a Variance, but if it is not part of the • Code then a conflict could arise between someone who built a 2"d dwelling unit and a neighbor who builds a horse corral right under their window. He said he would like to legally preserve the right for someone to build a corral. Kevin Ennis,Assistant City Attorney suggested that a Code amendment could be entertained, and staff could be directed to present a report on the subject that could be brought back to the Commission as an agenda item at a later date so that it can be further explored and discussed. Chairman Stewart concurred and received agreement from the other Commissioners to direct staff to explore and report on the issue at a future meeting. I ADJOURNMENT Motion: Moved by Fletcher, seconded by Munoz, carried 5-0, to adjourn. The Planning Commission adjourned at 7:30 p.m. ecffully s fitted, Dan Coleman Acting Secretary Approved: June 14, 2006 Planning Commission Minutes -4- May 24, 2006